Title Insurance	RAINER 2,458
	Francisco Gutierrez
	location_on Chula Vista, CA — First American Title Co.
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Customer Service 24 / 7            Property Profile in 49 States                  Serving Realtor & Loan Officers Always Call Me to Get Started todayhttp://www.firstamsandiegolinks.com/   ANSWERS TO TITLE & ESCROW QUESTIONS         HomeLinksContactSearchSite Map    We hope to answer some of the most common questions you might have and provide you with step-by-step information that will clarify your part in this process. While every transaction is different, we believe that the general information presented will be of help to you.We welcome any questions you may still have after viewing this information.  Please feel free to contact us.  We look forward to working with you! The information and materials on this site are provided for general information purposes and are subject to change. They are believed to be accurate, but should not be relied upon by the user for any purpose. The information has been compiled from sources, including third parties, for the convenience of the user, and is not a substitute for legal advice or thorough review of any actual documents in your real estate transaction.  © 2003-2007. The First American Corporation. All rights reserved.          HomeLinksContactSearchSite Map   Glossary of TermsUnderstanding the Language of Real EstateMortgage CalculatorEnter values in this calculator to figureout your monthly mortgage paymentInterest Calculator and Payments TableCalculates compound interest given a principal value, interest rate and time and can produce an amortization schedule.Seller's Net Proceeds EstimatorCalculate and print an estimate of a Seller's net proceeds with this worksheetThe Escrow ProcessA step-by-step look at the escrow processThe Title ProcessA step-by-step look at the title processThe Refinance ProcessA step-by-step look at the refinance processHomebuyer's GuideImportant information and checklists for HomebuyersBlank DocumentsCommon real estate and related forms in Adobe PDF and Microsoft Word formatsAssessor's Plat MapA printable guide to reading an Assessor's Plat Map (Adobe pdf document)FASTWebFor Real Estate Professionals:Your "One-Stop-Shop" for First American products and services on the InternetThe information and materials on this site are provided for general information purposes and are subject to change. They are believed to be accurate, but should not be relied upon by the user for any purpose. The information has been compiled from sources, including third parties, for the convenience of the user, and is not a substitute for legal advice or thorough review of any actual documents in your real estate transaction.  © 2003-2007. The First American Corporation. All rights reserved.  Buy a Home We're making the search for a place to call home a little easierJust as people depend on their real estate agents to help them find the perfect house, their agents often depend on First American to help them through the process. Across the nation, real estate professionals are using First American's residential real estate information, transaction-management tools, and other helpful services to streamline their operations and make each customer's homebuying experience a good one. Our nearly 1,800 title offices and thousands of title agents nationwide work hard to provide the quality title insurance that protects our customers' homeownership rights, while our professional closing services make their transactions seamless. First American also provides homeowners with quality property and casualty coverage, and protects their major appliances and household systems with renewable home warranties. We're even leading the industry in helping first-time and under-served homebuyers learn about the homebuying process through our national and community educational outreach programs.We're working behind the scenes to make this important step in your life a satisfying one-because everyone should have the chance to realize the American dream of homeownership. Get a Mortgage We're working to make the process simpler every day.While they may not be aware of it, millions of Americans each year have First American by their side throughout their mortgage loan and closing process. As their home loans are being completed, we're providing the quality settlement services that rank number one in their industries, including appraisal and property valuation, flood determination, credit reporting, and tax services. And we're bringing them services provided by one of the nation's leading title insurance companies-services we've offered for more than a century. We're simplifying and streamlining the settlement services process for them and their lenders with bundled product options, leading technology delivery systems, and other solutions that help close loans more efficiently and, often, more cost-effectively. And we're making the process better for first-time homebuyers with our alternative credit-scoring solutions that increase their chances of getting a mortgage and special bundled settlement services that reduce their closing costs. Plus, during the tough times, we're helping lenders and homeowners minimize their losses while we're working to keep families in their homes. At First American, we're making the mortgage process easier, more affordable, and more efficient for you every day-because we believe it should be as simple as that. Build a Business We're there to help America's companies keep going and growing. Every day across the nation, businesses are working with First American to make their companies more successful. Office buildings, industrial plants, and retail stores are being purchased with the help of First American's specialized commercial title services. We're aiding the commercial lending process with our breakthrough UCC insurance services. And hundreds of thousands of people in the mortgage lending industry and other businesses nationwide are using our innovative data products, analytics, and business solutions to improve their customer acquisition and retention, detect and prevent fraud, track market performance, increase market share, and much more. The trucking firm that brings food to the corner grocery, the company that provides businesses with workers' compensation insurance, and the store chain that offers rent-to-own furniture-these are all companies that turn to First American for the important business information they need to keep their operations running smoothly. As America's leading provider of business information, we're there for America's businesses-every day.Company History First American opened its doors for business in San Diego in 1959 in a small office downtown on Second Street, joining a handful of companies providing title insurance to a sleepy little Navy town. Two years later, in anticipation of growth of the local real estate industry as well as response to increased business, First American began construction on our current building, a distinctive red brick colonial located at 411 Ivy Street. As evidence of our commitment and belief in real estate, First American owns both the building and the land. In 1974, as a result of the dynamic local real estate market and First American's increasing share of it, another expansion was required. We purchased the building across the street, 2137-41 Fifth, to house plant operations, including Customer Service, Searching and Engineering. An industry leader in both technology and title, First American San Diego entered the computer age with a state-of-the-art computerized title plant in 1980. Although that plant has since been absorbed and superceded by subsequent plants, its development provided the technical know-how to enable First American to install computerized internal order tracking and accounting systems in 1988. By 1993 we began a program to connect people and resources, ultimately developing a local network with over 150 computers, serving every department in the Company. The next steps will be to provide Internet access for all these work stations, provide/create an Intranet to expand communication between employees and improve service to our customers. First American Title is the author and originator of the Eagle Policy, the most extensive title insurance policy available. First American handles claims locally in each respective county of operation. San Diego claims are handled right here in San Diego. Our local office has direct accountability to our customers and policy holders. First American Title Insurance Company is the #1 title insurer in San Diego County. 28% of the homes purchased in San Diego in 1999 were insured by First American. In 2000, over 17,600 San Diego County Homebuyers were insured by First American Title Insurance Company. Established in 1889, First American Title has over 100 years of valuable experience providing title service to the real estate industry. Our San Diego staff is knowledgeable, experienced and proficient. Our title officers have been with us an average of 17 years. It is First American's commitment to our goal of customer service and satisfaction that has led from our "pioneering" use of typewriters and carbon, to early efforts at computerization to the Web page you see before you. But it is our staff of trained and dedicated professionals who make the goal a reality every day.Copyright © 2002 - The First American Corporation

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Francisco Gutierrez ( Southbay)Servicing Bonita, Chula Vista, Imperial Beach, National City, Paradise Hills, And San Ysidro

My Area's of expertise is providing great Title Insurance to Broker, Real Estate Agent, Lenders, Loan Officers & Processor and also building a great relationship with my client. GREAT SERVICE with a smile.

For 115 years, we've been connecting people with the type of hometown service
and experience you've come to expect.  Maybe that's why we're San Diego's largest title insurance company.As a direct insurer, we underwrite our own policies,thereby eliminating the middleman.
We provide in-house legal counsel to expedite quick solutions.  We handle claims locally.
We close transactions others can't.  And we have direct accountability to you.

First American Title offers the exclusive added protection of our
new 2nd generation Eagle Policy AUTOMATICALLY.

In 2004, over 17,600 San Diego County homebuyers were insured by us
--that's 48 homebuyers every day of the year!

Our San Diego sales team of 27 title professionals collectively have
more than 300 years of title experience!
And with over 16 offices and 220 local employees, we're on-time and
on-task to work for you--year in and year out since 1889.

 

                               What is title insurance?                                             A title insurance policy protects a real estate owner or lender against any loss or damage they might experience because of liens, encumbrances or defects in the title to said property, or of the incorrectness of the related search.

How does title insurance differ from casualty insurance?Casualty insurers (car, life, health, etc.) assume risk for future events, collecting monthly or annual premiums. A title policy insures the past of the real property and the people who owned and own it, for a one-time premium paid at close of escrow.                                               Who needs it?Purchasers and lenders need title insurance to know that the property they are involved with is insured against various possible title defects. Whether it's a sale, refi nance, construction loan . . . the seller, buyer and lender all benefi t.                         What does title insurance cover?Title insurance protects against claims from various defects such as another person claiming an ownership interest, improperly recorded documents, fraud, forgery, liens, encroachments, easements and other items that are specified in the actual policy.                           How is a title policy created?After the escrow offi cer or lender opens the title order, First American Title begins a search of the public records, with the county Recorder's Office. A Preliminary Report is issued to the customer(s) for review and approval. All closing documents are recorded pursuant to escrow's instructions. When recording has been confi rmed, demands are paid, funds are disbursed and the actual title policy is typed and sent to the insured.                                               What types of policies are available?A standard CLTA "Owner's" Policy insures the new owners of vacant or commercial property. The ALTA "Lender's" Policy insures the priority of the lender's security interest. First American Title offers the EAGLE ALTA/CLTA Homeowner's Policy to owners of residential 1-4 unit properties.                      First American Title issues this extended coverageautomatically on all residential properties. Special Binders, Guarantees, and Endorsements are also available. The new EAGLE Policy is the coverage requested in the California Association of Realtors' (C.A.R.) new purchase contract for residential property.

Why Title Insurance These 12 stories from the claims files of First American Title Company demonstrate the need for title insurance as a vital protection for lenders. SWEPT ALONG WITH CHANGE AND BUFFETED by competition, mortgage lenders continue to rethink and reinvent their business. Every expense that can't be justified has been -- or will be -- eliminated. Not unexpectedly, some have asked: "Do we really need title insurance?"     We in the title industry have mainly ourselves to blame for the question being asked. For too long we've been content to remain an inconspicuous participant in residential lending, and for too long we've characterized our work as "risk evaluation," to the detriment of an understanding of title insurance as a true insurance product.  COVERED RISKS -  Title insurance is in many ways casualty insurance. First, it protects the lender against a host of risks that may not be detectable even with the most careful search of records. These risks include forgery, fraudulent releases, disputed powers of attorney, incompetence or lack of capacity of a person who's signed a document, ambiguous or erroneous legal descriptions, ambiguous judgment liens, incorrectly indexed of documents in public records or databases and federal estate tax liens (which, by law, may attach without the recording of any notice).     Second, extended coverage policies are available to protect the lender against off-record interests. This includes claims by third parties based on adverse possession or past use, which in turn may involve rights to access adjoining lands, to maintain underground pipelines or encroaching improvements constructed by neighbors. The newest extended coverage forms even include coverage against building permit violations, post-policy forgeries and post-policy encroachments.     Third, title insurance insures the process of closing -- also known as the escrow or settlement -- by protecting the lender against risk from erroneous payoffs, intervening liens and mortgages (recording just before, or after, closing), defective documents going to record and failure to get releases for paid off debts.     And fourth, it provides for a legal defense, if needed, against claims that may threaten the lender's security interest.     Here, for example, are 12 true stories from the claims files of Santa Ana, California -- based First American Title Company.  A Forgery in the Chain of Title -      First American insured a first (purchase money) mortgage for $105,000, against a home on Kenneth Street in Newton, Massachusetts. Three years later, the lender was contacted by an attorney for 14 heirs of a former owner of the property, Maria Richards. The attorney claimed the heirs' interests in the land had never been legally terminated, and he threatened to file suit to quiet title and take back the property.     Our insured title was traceable back to a deed from Maria Richards to one William J. Richards, which was signed and recorded in 1978. Later, the property was conveyed to a builder who constructed the home on the land.     The problem was that Maria Richards, the real Maria Richards, died on August 15, 1942, at 80 years of age. Obviously, the deed produced 36 years later was a forgery.     The company paid legal expenses of $43,266 defending against the heirs' claims, then settled by paying them $50,000, which was the estimated value of the property as vacant land.  Court Orders -      We insured a first (refinancing) mortgage for $260,000, against a home on Abby Court in Bloomfield Hills, Michigan. The borrower was a single woman who'd recently acquired the home through a divorce decree. The title agent confirmed the vesting and legal description of the property by reading the property settlement provisions in the recorded judgment of divorce.     Years later, the loan was foreclosed and the insured lender was the successful bidder. But when the lender went to resell, it learned of a previously undisclosed prior lien against the home.     It seems that when the divorcing couple went to court, it was decided the wife would get the marital residence (their most valuable asset) and, in exchange, would assume responsibility for payment of an unsecured debt, a $70,000 loan. Thus, under the marital debt provisions of the judgment of divorce, it was ordered that the husband would have a lien against the marital residence to secure payment of this debt. When the wife failed to pay, the ex-husband satisfied the $70,000 loan. Now, he wanted to enforce his lien against the home.     Resale was completed, and the company paid the lender's unsatisfied loan balance of $54,375.  Life Estate -      We insured a first (purchase money) mortgage for $173,250, against a duplex on Penn Avenue in Staten Island, New York. The buyer (Jeffrey), the seller (Mary) and an attorney for the lender attended the closing, conducted by our title agent.     The closing was unusual because Mary was the mother of Jeffrey. In this cordial setting, apparently no one noticed the following provision in the deed: "Grantor retains a life tenancy in the six-room apartment located at [number] Penn Avenue, S.I., N.Y." Meanwhile, a mortgage was given to the lender, signed only by Jeffrey.     Years later, Jeffrey moved out and the property was foreclosed. The insured lender was the successful bidder. The lender tried to evict Mary, but she successfully defended herself as the holder of a life estate unburdened by the insured mortgage. In other words, Mary is entitled to occupy the apartment, rent-free, for life.     After paying more than $60,000 in legal expenses on behalf of the lender, the company purchased the insured mortgage for $160,000. Mary continues to live in the apartment.  Power of Attorney -     We insured a third deed of trust for $40,000, against a home on Old Chesterbrook Road in McLean, Virginia. The owners were a mother and daughter who were Korean citizens living in Japan. The loan was closed relying on power of attorney instruments given by the owners to a relative, Alex (Their son and brother, respectively).     When the loan fell delinquent, the lender received a letter from an attorney for the owners, claiming fraud. An investigation confirmed that the loan was unauthorized, and the power of attorney instruments were forged.     We paid the lender $40,000 and incurred legal expenses of $17,221. But we weren't alone as victims. A second deed of trust for $239,000 had been given to a different lender, also based on forged power of attorney instruments. It was likewise unenforceable.  Legal Description -     We insured a first (refinancing) deed of trust for $441,500, against a home on Bursera Way in Palm Desert, California. When the loan fell delinquent, it was learned there was a prior "missed" deed of trust against the property, securing $150,000.     It seems the property was originally conveyed to the borrower with a metes-and-bounds legal description. Later, a subdivision map was recorded, assigning lot numbers 1 and 2 to the property.     Both our insured deed of trust and the one it refinanced referred to the metes-and-bounds legal description, while the missed deed of trust referred to lot numbers 1 and 2 on the recorded subdivision map. As a result of the different descriptions, the missed deed of trust was not properly pose\ted to the property in our automated title plant.     The company paid $149,672 to release the missed deed of trust.  Judgement Liens -     We insured a first (refinancing) deed to secure debt (similar to a deed of trust) for $247,125, against a home on Northwind Trail in Fayetteville, Georgia. The borrower's name was Robert Van Pounds. Our agent's search turned up two judgments in local lien indices against a Van Pounds. The borrower denied being the judgment debtor and signed an affidavit saying he was lien free.     The company paid a total of $55,000 to satisfy one lien and arranged for the other to be subordinated to our insured. We also paid legal expenses of $31,310 to reach these settlements and to pursue the judgment debtor.  Incorrectly Indexed -    We insured a first (purchase money) mortgage for $137,350, against a home on Lakeview Trail in Danbury, Connecticut. Soon after closing, the lender learned there was a prior missed mortgage, now threatening foreclosure. The missed mortgage was overlooked by our searcher because it was incorrectly indexed in the Fairfield County land records. Having been given by a former owner whose last name was Taouil, it was erroneously shown under "Taquil" in the alphabetical listing of the grantor/grantee index book.     The company paid $53,772 to satisfy the missed mortgage.  Conditions, Convenants, and Restrictions -    We insured a first (refinancing) deed of trust for $425,000, against a new home on Lake Vista Drive in Bonsall, California. Unbeknownst to us, at the time our title policy was issued, the owner was entangled in litigation with neighbors who claimed his home violated height restrictions contained in recorded conditions, covenants and restrictions (CC&Rs).     The property consisted of two lots on a hillside. The CC&Rs prohibit any building "in such location or manner as will unreasonably obstruct or interfere with the view of other lots in the tract or which exceeds either twenty-four (24) feet in height above the existing grade of the high point of the lot or the elevation shown in the box on each lot on the attached map, whichever is less."     The case went to court, and the judge ordered that the roofline of the insured home be lowered by seven feet. The exasperated owner stopped making mortgage payments, letting the property be foreclosed.     The insured lender was the successful bidder. Since the lender was not a party to earlier proceedings, the neighbors now sued the lender to enforce the height restrictions. This time, a different judge ruled in favor of the lender, holding that the CC&Rs were unenforceable as to the lender because they were not mentioned in any deed to be found in the lender's chain of title, as required by common law and California case precedent.     The neighbors did not appeal this decision -- which was fortunate, because 16 months later the basis for the judge's ruling was overturned by a decision of the state Supreme Court.     The company paid more than $50,000 in legal expenses for this successful defense.  Intervening Lien -    We Insured a first (refinancing) deed of trust for $98,000, against a home on Albion Lane in Longmont, Colorado. The borrowers signed loan documents on November 8. Because of Veterans Day falling on November 11, the three-day rescission period expired the following day, November 12.     On Monday, November 15, there was a funding snafu involving a local originator, so the closing was rescheduled for the next day. On November 16, the loan closed and the borrowers collected a check for net loan proceeds of $30,000.     The insured deed of trust was recorded on November 18. One week later, we learned that an IRS tax lien for $139,007 had been recorded in the "gap" just before the closing, on November 15, at 10:41 a.m. This deprived the lender of any security.     It seems one of the borrowers -- the husband -- had received a lump sum payment of $270,000 in connection with termination of his employment at the Rocky Flats nuclear weapons plant, for which he failed to pay any taxes. Much of this lump sum had been invested in a martial arts school that failed.Although they denied it, there's little doubt that at least one of the borrowers knew the tax lien was coming. It became a race to the recorder's office, with the borrowers' equity at stake.     The company paid $30,717 for a release of the tax lien. Our claims against the borrowers are considered uncollectible.  Factory Seconds -    We insured a second mortgage for $90,000, against a home on Selden Boulevard in Centereach (Long Island), New York. The lender conducted the closing on September 3, and the original mortgage was forwarded to our title agent, who received it on September 15.     After checking its legal description for accuracy, the agent submitted the mortgage to the Suffolk County recorder's office on September 23 -- but it was rejected and returned because of some "illegibility."     The agent returned the mortgage to the lender's office in New Jersey for correction. In turn, the New Jersey office sent the mortgage to the lender's national correction center in Sacramento, California. The mortgage was returned to the agent and finally recorded on November 6 -- two months after closing.     During this period of delay, the borrower proceeded to give nine more mortgages to different lenders, all of which recorded before our insured mortgage. The total amount secured by the intervening mortgages was more than $750,000. The property was appraised for $135,000. The borrower is now believed to be in Greece.     The company paid its insured the policy amount of $90,000.  Release "to come" -    We insured a second (refinancing) mortgage for $40,000, against a home on 19th Street in Rockford, Illinois. Our title agent handled the closing, paying $35,785 to satisfy a prior mortgage securing a line of credit.     The prior lender negotiated the check, but failed to close the credit line loan account. After receiving a monthly statement showing the old line of credit with a zero balance and available credit of $40,000, the borrower drew again from the old credit line. After the insured mortgage fell delinquent, the lender discovered it was in third priority, with the home seriously encumbered.     We filed suit to establish our insured lender's priority, but our hopes were dashed by a state court of appeals decision. The court held that the prior lender had a contractual obligation to continue making advances until the borrower gave written instructions to close the loan account -- which was not done -- and there was insufficient evidence that the prior lender should have known that a release of its mortgage was expected in exchange for the payoff.     After paying more than $100,000 in legal expenses, the company paid its insured the loan balance of $30,000  Defective Documents -     We insured a first deed of trust for $71,200, against a home on Hillsdale Drive in Springfield, Tennessee. Ten years late, the borrowers filed bankruptcy and a trustee in bankruptcy was appointed. The trustee noticed that a notarial seal was not affixed to the insured mortgage as required by Tennessee statutes and promptly filed an adversary proceeding in the bankruptcy, seeking to avoid the mortgage as an interest in the debtors' real property under Bankruptcy Code section 544(a). This is the so-called trustee avoiding power, which permits the trustee (or a debtor-in-possession) to avoid interests in a debtor's real property that are not perfected as of commencement of bankruptcy.     The bankruptcy judge asked the Tennessee Supreme Court to decide whether omission of the notary seal would render a deed of trust null and void even though the deed of trust had been recorded. The Supreme Court said yes, holding that absence of the seal deprived the deed of trust of authentication, and in spite of being recorded it was legally ineffective.     The insured deed of trust is now certain to be avoided under section 544(a), because it will be deemed unperfected as of the date of commencement of the bankruptcy. We're preparing to reimburse the lender for any loss it may suffer from becoming an unsecured creditor in this case, plus legal expenses.  CONCLUSION -     These stories illustrate some of the risks covered by title insurance. More importantly, they show how title insurance works on different levels for lenders: by providing experienced people to eliminate risks before closing; insuring against hidden risks that can't be detected; insuring the process of closing and perfection of the security interest; and paying legal expenses when the lender's security is threatened by a title dispute.     In other words, the stories show how title insurance works like casualty insurance for today's mortgage products and changing origination processes.     To anyone still asking, "Why title insurance?" we should also mention our experience in other countries, where we've found land conveyancing processes to be slower and more labor intensive than in the United States. By offering to insure the process, we're able to speed thins up while also reducing risks.     In Canada, for example, First American began offering title insurance in 1991. With insured transactions, we reduce the time from loan application to closing by 90 percent and the overall costs to the consumer by 60 percent. Likewise in the United Kingdom, where for insured transactions we offer to reduce the period between application and closing from six to 12 weeks down to six to 12 days.     The U.S. system is the envy of other countries worldwide. It has benefited from stable land titles as well as expedited processes and savings made possible by title insurance for more than 100 years. We're excited about the future and look forward to working with mortgage bankers to achieve faster, better, cheaper mortgage originations.

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First American Title Rep. in Southbay. My background is Farming, Mortgage Leads, Customer Service & Information for your hispanic homeowners.